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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On November 3, 2008, the Defendant was issued a summary order of KRW 700,000,000,000,000,000,000 won on December 31, 201, by a fine for violation of the Road Traffic Act at the Eunpyeong District Court’s Eunpyeong site.
【Criminal Facts】
On July 31, 2012, at around 00:38, the Defendant driven a C Poter with approximately 200 meters alcohol concentration of about 0.128% from the place on which Pyeongtaek-si Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the influence of drinking alcohol driving control, report on the entry into a ledger, and written appraisal on blood collection;
1. Each report on investigation;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture does not seem to have a possibility of criticism in that the defendant again drives under drinking, even though he had a history of criminal punishment twice due to drinking driving.
However, considering the fact that the defendant was expected to be aware of and reflect the crime of this case, the fact that the defendant has no record of punishment heavier than that of probation, etc. in favor of the defendant, and taking into account other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.
It is so decided as per Disposition for the above reasons.